Patterns In Parallel Proceedings: SEC Actions, DOJ Tools

Law360, New York (January 17, 2012, 1:18 PM EST) -- The federal government’s civil and criminal actions against securities fraud are hardly a new phenomenon. For decades, both the U.S. Department of Justice and the U.S. Securities and Exchange Commission Division of Enforcement have combated securities fraud — the DOJ via criminal prosecutions (primarily through U.S. Attorneys' Offices) and the SEC Enforcement Division via administrative and civil actions.

Indeed, the DOJ and the SEC both can take action in the same securities fraud matters. In 1970, the U.S. Supreme Court generally gave its blessing to the...
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